Any nonconformity that arose by reason of the adoption of the original Zoning Ordinance on January 17, 1922, or of any subsequent amendment, as codified in this title, and which lawfully existed as, or with respect to, a lot of record immediately prior to such adoption or amendment and remains nonconforming, shall be considered a lawful nonconformity and may continue subject to the regulations of this chapter. Any nonconformity that is not a lawful nonconformity shall not be allowed to continue and shall not be entitled to any protections under this chapter.

(MC-2-2004, Amended, 04/06/2004; MC-5-2000, Amended, 10/03/2000, Amends paragraphs 3 and 5, nonconforming uses and conforming uses)

   Any lawful nonconforming lot may be utilized for principal and accessory uses that are permitted in the district in which the lot is located, subject to the following provisions:

   A.   Compliance with other zoning regulations. The use of such lot for a permitted use in the district in which it is located is subject to every requirement of such district except any requirement that directly resulted in the lot's nonconformity.

   B.   Contiguous lots. When two or more contiguous and vacant lots are under common ownership or control at the time of the adoption of this title or of any subsequent amendment, and if all or part of the lots do not meet the required area or width provisions for lots within the district in which such lots are located, they shall be considered to be an undivided parcel for the purpose of this title. Such lots in the aggregate may be resubdivided into new lots, provided the new lots conform to the regulations of the district in which they are located.

   C.   Nonconformities created by public acquisition of land. If, as the result of the acquisition or condemnation of a portion of any such lot for any public purpose, the area of any lot is reduced below the minimum area required for the uses permitted in the district in which such lot is located the remaining portion of the lot, notwithstanding such reduction in area, shall be considered to be in compliance with the minimum area requirement of this title and shall have the same status as though the lot with its reduced area had been a lot of record prior to the passage or amendment of this title. In addition, such portion taken for any public purpose may be included with the area of the remaining property for the sole purpose of determining intensity of use of lot (lot coverage) and rear yard requirements, but for no other purpose.

(MC-2-2004, Amended, 04/06/2004)

   The lawful nonconforming use of unimproved land, and the lawful use of that portion of improved land not involving a building, or in connection with which any building on such land is incidental or accessory to the principal use of the land, may be continued, subject to the following provisions:

   A.   Expanding nonconformity prohibited. No nonconforming use shall be enlarged or extended.

   B.   Abandonment or discontinuance of nonconforming use. Whenever a nonconforming use of land is abandoned, changed to or replaced by a conforming use, such premises shall not be used or occupied by a nonconforming use. Discontinuance of a lawful nonconforming use for a period of six consecutive months or for any eighteen (18) months during any three-year period, shall be prima facie evidence of an abandonment.

   C.   Change of use. A nonconforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

(MC-2-2004, Amended, 04/06/2004)

   The lawful nonconforming use of a lawful nonconforming building or other structure may be continued, subject to the following provisions:

   A.   Ordinary repair and maintenance permitted. Ordinary repair and maintenance may be made in or to any building or structure, provided that:

      1.   no structural alterations shall be made except those required by law or those that make the building or structure and the use thereof conform, or more closely conform, to the regulations of the district in which it is located;

      2.   the cubic content (i. e., bulk) of the building or structure shall not be increased; and

      3.   any lawful nonconforming building containing a nonconforming residential use in a residential district may be repaired or altered to improve livability or other health conditions, provided no such change increases the number of dwelling units.

   B.   Ordinary repair and maintenance defined. For purposes of this section, ordinary repair and maintenance shall also include:

      1.   structural changes necessary to replace windows, doors or deteriorating roof elements;

      2.   structural changes necessary to add, move or enlarge doors and windows in legally nonconforming building walls that face the front or rear yard of the property in which it is located, provided that the front or rear yard in which the wall is located does not face a front or side yard of an adjoining parcel; and

      3.   structural changes made to a roof to allow the installation or replacement of skylights, provided that the changes do not exceed the building height limitations of the district in which the building is located.

   C.   Repair and restoration of certain nonconforming buildings and structures prohibited. Any nonconforming building or structure that becomes physically unsafe or unlawful under the terms of the Winnetka Village Code, as amended, and is not repaired or corrected within a reasonable time, as established by the Village Council, shall not thereafter be restored, repaired, altered or rebuilt except in conformity with the regulations of the district in which it is located.

   D.   Relocating nonconforming buildings and structures. No nonconforming building, structure or portion thereof shall be moved in whole or part to any other location on the same lot unless every portion that is moved and the use thereof thereafter conforms or more closely conforms to all the regulations of the district in which it is located.

   E.   Limitation on repair and restoration after damage or destruction. No lawful nonconforming building or structure that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed 50 percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator)unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than 50 percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.

   F.   Abandonment or discontinuance of a nonconforming use of nonconforming buildings or structures. Any lawful nonconforming building, structure or portion thereof that is now or hereafter abandoned shall not thereafter be occupied or used except in conformity with the regulations of the district in which it is located. The discontinuance, cessation or interruption of a nonconforming use of such a building or structure, or any part thereof, or the vacancy of any space in a nonconforming building or structure that had contained a nonconforming use, either of which continues for a period of 6 consecutive months or for any 18 months during any 3-year period, shall be prima facie evidence that the nonconforming use has been abandoned.

   G.   Expanding nonconformity prohibited. The nonconforming use of all or part of such a building or structure shall not be enlarged or extended except as provided in subsection A, above.

   H.   Change of use. A nonconforming use shall not be changed to another use except a use permitted in the district in which it is located. In such case, the building, structure or portion thereof being changed to a conforming use shall comply with all village ordinances. Such premises shall not thereafter be used or occupied by a nonconforming use.

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   Any lawful nonconforming use or part of all of a building or structure designed or intended for a use permitted in the district in which such building or structure is located may be continued, subject to the following provisions:

   A.   Ordinary repair and maintenance permitted. Ordinary repair, replacement, alterations and structural changes may be made in or to a conforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located but which building or structure is occupied in whole or part by a nonconforming use; provided that:

      1.   the repair, replacement, alteration and structural change shall conform to the regulations of the district in which the building or structure is located; and

      2.   any building located in a residential district and containing nonconforming residential uses may be repaired or altered to improve livability and other health conditions, provided that no change that would increase either the number of dwelling units or the cubic content (i.e., bulk) of the building shall be permitted.

   B.   Expanding nonconformity prohibited. No building or structure that contains a nonconforming use shall be added to, enlarged or extended except as necessary to change its use to a use that is permitted in the district in which the building or structure is located.

   C.   Relocating buildings and structures. No building, structure or portion of a building or structure shall be moved in whole or in part to any other location on the same lot, unless every portion that is moved, as well as the use of the building or structure, conforms or more closely conforms to all the regulations of the district in which it is located.

   D.   Limitation on repair and restoration after damage or destruction. No building or structure that contains a lawful nonconforming use and that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed fifty (50) percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator), unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than fifty (50) percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.

   E.   Abandonment or discontinuance of nonconforming use. Any building, structure or portion of a building or structure that contains a nonconforming use that is now or hereafter abandoned shall not be occupied or used except in conformity with the regulations of the district in which the building or structure is located. The discontinuance, cessation or interruption of a nonconforming use of any building or structure, or any part thereof, or the vacancy of any space in a building or structure that had contained a nonconforming use, either of which continues for a period of 6 consecutive months or for any 18 months during any three-year period, shall be prima facie evidence that the nonconforming use has been abandoned.

   F.   Expanding nonconformity prohibited. The nonconforming use of a part of any building or structure shall not be enlarged or extended.

   G.   Change of use. If a nonconforming use is located in a building, all or substantially all of which is designed or intended for a use permitted in the district, the nonconforming use shall not be changed to another use except a use permitted in the district in which it is located. Such premises shall not thereafter be used or occupied by a nonconforming use.

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)

   Any lawful nonconforming building, structure or portion thereof occupied by a use permitted in the district in which such building, structure or portion thereof is located may be continued, subject to the following provisions:

   A.   Ordinary repair and maintenance. Ordinary repair and maintenance may be made to any lawful nonconforming building, structure or portion thereof, provided that:

      1.   no structural alterations shall be made except those required by law or those that make the building or structure and the use thereof conform, or more closely conform, to the regulations of the district in which it is located;

      2.   the cubic content (i. e., bulk) of the building or structure shall not be increased; and

      3.   any lawful nonconforming building containing a nonconforming residential use in a residential district may be repaired or altered to improve livability or other health conditions, provided no such change increases the number of dwelling units.

   B.   Ordinary repair and maintenance defined. For purposes of this subsection, ordinary repair and maintenance shall also include:

      1.   structural changes necessary to replace windows, doors and deteriorating roof elements;

      2.   structural changes necessary to add, move or enlarge doors and windows in legally nonconforming building walls that face the front or rear yard of the property in which it is located, provided that the front or rear yard in which the wall is located does not face a front or side yard of an adjoining parcel; and

      3.   structural changes made to a roof to allow the installation or replacement of skylights, provided that the changes do not exceed the building height limitations of the district in which the building is located.

   C.   Expansion of nonconformity prohibited. Except as provided in the foregoing subsections A and B, a nonconforming building, structure or portion thereof may not be enlarged or added to so as to either create an additional nonconformity or increase the extent or degree of any existing nonconformity.

   D.   Relocation of nonconforming buildings and structures. No nonconforming building, structure or portion thereof shall be moved in whole or in part to any other location on the same lot unless it shall thereafter conform or more closely conform to all regulations of the district in which it is located.

   E.   Limitation on repair and restoration after damage and destruction. No lawful nonconforming building or structure that is destroyed or damaged by any cause, including voluntary demolition, shall be repaired or restored to its condition immediately prior to the occurrence of the destruction or damage if the cost of such repair or restoration would exceed 50 percent of the cost of construction of such building or structure new (all as determined by the Zoning Administrator), unless such building or structure, and the use thereof, shall be made to conform to all of the regulations of the district in which it is located. If the cost of restoring such building or structure to its condition immediately prior to the occurrence of the destruction or damage would be equal to or less than 50 percent of the cost of construction of such building or structure new, it may be restored to its original nonconforming condition and use, as it existed immediately prior to the occurrence of the destruction or damage, provided that either such restoration or positive procedures to begin such restoration shall be started within 6 months from the date of such partial destruction.

(Ord. MC-199-97 § 3, 1998; prior code § 22.14)

(MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004)